Charles Daniel - Page
61
I, Charles Daniel of the County of Grant and State of Kentucky being now
advanced in life and failing in health, and of sound mind, do hereby make
this my last will and testament. I hereby appoint John S. Daniel of the county
and state aforesaid my executor, with a request that the court shall
not require security of him. I hereby appoint John S. Daniel trustee for
three of my children (to wit): Robert M. Daniel, John T. Daniel and Nancy
P., now Nancy P. Hook, investing him with full power to do all things pertaining
to a trustee; to have, to hold, to buy or sell or convey to any person whatever,
any or all things conveyed by this instrument to him as trustee for the person
above named by this means, designing that they shall enjoy all profits herein
conveyed or the interest on the proceeds of the same, without waste or
extravagance by them, committed nor hold the trustee responsible for
any misapplication of the means herein designed to be conveyed, either principal,
interest or proceeds arising out of the same; hereby giving said trustee
discretionary powers how or when to appropriate the means hereby intended
to be placed in his hands.
I will that all my just debts be paid out of any monies, notes, stock or personal property that may be on hand.
I will and bequeath to my wife, Jane Daniel, all the furniture in her bed room, viz: chairs, table, table cloths, bureau, bedstead, bed bedding, shovels, tongs and irons, carpet, table and cupboard ware, in lieu of her dower, she having conveyed away all of her personal property previous to our marriage.
I will and bequeath to each of the heirs of my body, viz: Travis T. Daniel, John T. Daniel, Robert M. Daniel, Polly B. Jacobs, and Nancy P. Hook one dollar each out of any money not herein before appropriated.
I will and bequeath to John S. Daniel as trustee for Robert M. Daniel two hundred acres of land whereon I now reside including my house on the west side of the Lexington and Covington Turnpike Road and so much upon the eastern side of the said road as will make 200 acres, also two choice horses or mules, two pair of gears and collars, two choice cows and their calves, two choice sows and their pigs, two choice plows and harrow, 12 choice sheep, 6 choice hogs, and farm wagon, one acre?, ____, all of the kitchen furniture and all the furniture now in his bed room, bed, bedding and bureau, chairs and one dining table, also my slaves, Nelly, William, Jane and her children, Adiline and their issue, and at the death of Robert M. Daniel, should he not have a legitimate heir from his body living at his death, then the whole or such part or the proceeds of such part or parts as may not have been disposed of or destroyed, to be divided equally between Travis T. Daniel, J. S. Daniel as trustee for John T. Daniel, the balance of the farm whereon I now reside, to be equally divided between them.
I will and bequeath to my daughter, Polly B. Jacobs, all the eight bills and interest I hold in the land whereon she now resides. I will and bequeath that my Negroes, to wit: Woodford, Washington and Emily and their issue together with all my property, monies, notes, debts due or to become due, personal or real estate, not herein before appropriated, be put into five equal shares and divided as follow: one-fifth to Travis T. Daniel, one-fifth to J. S. Daniel as trustee for John T. Daniel, one-fifth to J. S. Daniel for Robert M. Daniel, one-fifth to J. S. Daniel as trustee for Nancy P. Hook, one-fifth to Polly B. Jacobs.
Now having disposed of all my estate as I desire and hereby revoking all other wills made by me heretofore, I subscribe my hand and seal the 31st of August 1846. Charles Daniel. Signed and seal made in the presence of O. Cainfield, A. S. Byers, W. H. Elstner.
Commonwealth of Kentucky, Grant County Court
August Term 1847.
The foregoing will and testament of Charles Daniel, deceased, was produced
in open court on the 9th day of August 1847 and proven by the oaths of A.
S. Byers and W. H. Elstner, the subscribing witnesses thereto to be the act
and deed of the said Daniel and ordered to be recorded. Whereupon said will
is duly admitted to record in my office this 21st day of September 1847.
William Smith Clerk, by James H. Parker, Deputy Clerk.
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